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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Correctable and Non-Correctable Violation

    Recently I got a traffic ticket (in San Gabriel, CALIFORNIA STATE) for the broken headlight on driver side.

    When the officer gave me the ticket, he told me this is basically a "fix ticket", I just need to fix the headlight and have any officer in the police office check and sign on the back of the ticket and send back to the court. By doing that, then I don't have to pay the bail or appear in the court, and also there will be no record go to DMV.
    However, base on the backside instruction on the ticket, only the correctable violation was checked in "YES" box, I could deal with the ticket by the way above. And my ticket was checked in "NO" box...

    The code and section that written on my ticket is "cvc 2440(a)(1) B/O headlight(Driver)", and I also got a letter from court regarding the bail payment, the violations code is "24400A1 29".

    Now I am a little bit confused, and not sure what's the right way to do…..

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,903

    Default Re: Correctable and Non-Correctable Violation

    Fix the defect, then try to get the ticket dismissed. If they tell you "you have to appear in court", go to court and try to get the ticket dismissed based upon your proof of the repair.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Correctable and Non-Correctable Violation

    Quote Quoting adol
    View Post
    However, base on the backside instruction on the ticket, only the correctable violation was checked in "YES" box, I could deal with the ticket by the way above. And my ticket was checked in "NO" box...

    The code and section that written on my ticket is "cvc 2440(a)(1) B/O headlight(Driver)", and I also got a letter from court regarding the bail payment, the violations code is "24400A1 29".

    Now I am a little bit confused, and not sure what's the right way to do…..
    Mr. Knowitall is absolutely correct. But just in case you try to present the correction to the court and they refuse to accept it, here are the California Vehicle Code sections to cite in order to have that correction accepted.

    This is the violation which you were cited for:
    24400
    (a) A motor vehicle, other than a motorcycle, shall be:
    (1) Equipped with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.
    Pursuant to CVC Section 40303.5(d), and for a violation of CVC section 24400(a)(1) which is included under Division 12, commencing with section 24000 (which I underlined below), the officer SHOULD have (meaning "had to" not "choose to") mark the violation as "correctable". So he should have checked the "yes" box.
    40305.5.
    Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
    (d) Any infraction involving equipment set forth in Division 12 commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).
    Furthermore, CVC section 40522 states that:
    40522. Whenever a person is arrested for violations specified in Section40303.5 and none of the disqualifying conditions set forth in subdivision (b) of Section 40610 exist, and the officer issues a notice to appear, the notice shall specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed on proof of correction. If the arrested person presents, by mail or in person, proof of correction, as prescribed in Section 40616, on or before the date on which the person promised to appear, the court shall dismiss the violation or violations charged pursuant to Section 40303.5.
    However, CVC Section 40611 authorizes the court to collect a $25 administrative fee for each correctable violation in lieu of any bail amount.
    40611
    (a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation.
    How to get the correction certified (the citation signed certifying that the correction has been made)?
    40616.
    (c) Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
    After fixing the headlight you can go to any police station, sheriff station, CHP Station and request that an officer sign off a correctable violation for you. Typically, a police station or sheriff's station will charge you approximately $15 to sign it off (some may issue a certificate). However, if you do go to a CHP station, they will sign it off at no charge.

    You can also go to the court (the address on your citation (which if you were cited in San Gabriel, the court should in fact be the Alhambra Courthouse)), go to the Sheriff's office located at the Court (Court "Marshal" mentioned in 40616(c)), and an officer will inspect the vehicle and sign off on the violation for you (at no charge). This last option is usually my personal preference, because I can also submit the correction and pay the $25 administrative fee at the same time, by visiting the traffic clerk's window at the same court house. I typically would like to avoid any hassles that may be caused by any errors or delays if I were to mail any paperwork to the court.

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